Legislature
Senate panel probes DPR on illegal award of OML 46 to Halkin Oil, despite Buhari’s directives
By Yemi Itodo
The Nigerian Senate is investigating how OML 46 was illegally awarded to Halkin Exploration and Production Company Limited, by the defunct Department of Petroleum Resources (DPR), in contravention of Presidential directive.
The Senate Committee on Ethics, Privileges and Public Petitions, while interfacing with the groups involved at a public hearing on Tuesday, 22nd March, 2022, was informed that, after the revocation of the oil field, the presidency intervened, considered the numerous petitions from the various marginal owners and directed that the fields be rewarded on discretionary basis with preference to the previous owners, including the Atala Oil Field.
The public hearing followed a petition brought before the Senate dated the 5th October 2021, by Sir Daniel Chukwudozie, on behalf of Hardy Oil Nigeria Limited (HONL), against the DPR, for alleged breach of trust, corruption and illegal revocation of OML 46 and re-awarding same to Halkin Exploration and Production Company Limited, in breach of due process.
During the public hearing which was the third in the series, the representative of Hardy Oil, Barr. Ike Onwuchuluba, adopted its presentation dated 24th September 2021, in addition to the annexed documents which the company submitted to the Committee.
He submitted the subject matter of the petition bothered on the OML46 – Atala Marginal Oil Field and the improper way and manner the field that was formerly managed by the trio of Bayelsa Oil Company Limited (BOCL), Hardy Oil Nigeria Limited and Century Exploration and Production (CEPL) was revoked and handed over to a company in very shady and fraudulent circumstances, ipso facto, that Halkin Exploration and Production Limited invested $60,000,000 in the Atala Marginal Field and executed a Farm-In Agreement with BOCL.
Debunking the allegation that there was an investment of $60million and acquisition of 41 percent shares of BOCL by Halkin Exploration and Production Company Limited, Hardy Oil Nigeria Limited said: “The allocation of the field to Halkin Exploration and Production Company Limited was done and secured under fraudulent mis-representation made by Halkin.
Barr Onwuchuluba also told the Senate that the award, which was predicated on two reasons by the defunct DPR was false, adding that, Halkin Exploration and Production Company Limited was an unknown entity to the former Atala Marginal Field owners.
“They did not invest any $60m in the field, did not execute any Farm-in Agreement with BOCL and that Halkin Exploration and Production Company Limited secured OML 46 under false pretense/misrepresentation”, he added.
He also informed the Committee that the man who presented himself as the Managing Director (MD) of Halkin Exploration and Production Company Limited was the immediate past MD of Bayelsa Oil Company Limited as at the time the field was given to Halkin and stands conflicted by holding such dual positions.
“Which means that he was on one leg the MD of BOCL and on another leg the MD of Hakin. So it is not impossible that he may have used his position as the MD of BOCL to alter documents to the benefit of Halkin. And that the failure of DPR to verfy the claims of Halkin from the Atala JV Partners was in breach of the principle of fair hearing”, he submitted.
While emphasizing that the re-awarding of OML46 was under false pretense and to an unknown entity, Ike Onwuchuluba called the attention of the Senate to the fact that, the Atala Marginal Field was developed between 2014 to 2018 by the trio of BOCL, Hardy Oil Nigeria Limited and Century Exploration and Production Ltd whereas Halkin Exploration and Production Company Limited which claimed to have invested $60m in the Atala Marginal Oil Field, was incorporated sometime on the 29th September 2019, long after the field has been developed by the parties.
He further reminded the Committee that, as the original owner of the Oil field, the trio of BOCL, Hardy Oil Nigeria Limited and Century Exploration and Production Ltd have been producing and paying royalties to the account of the federal government of Nigeria and that as at the time the field was purportedly revoked, the JV-partners have an outstanding 20,700 barrels of crude on the site.
He therefore requested that the Senate should look into the matter and urge Nigeria Upstream Petroleum Regulatory Commission (NUPRC) to immediately reinstate Atala Marginal Oil Field OML 46 to the joint venture that owns the Oil field.
In its submissions in support, the Managing Director of Bayelsa Oil Company Limited, Mr. Bello Akpoku stated that:-
“We have availed the Committee with the Memo written to the Honorable Minister of Petroleum Resources, whereby the defunct Department of Petroleum Resources (DPR) stated that the field was allocated to Halkin Exploration and Production Company Limited for two principal reasons namely; that Halkin Exploration and Production Company Limited claimed to have invested $60m to the Atala Marginal Oil Field and second was the alleged acquisition of 41% share of Bayelsa Oil Company Limited shares in the Atala Marginal Oil Field”.
He maintained that “BOCL owned 51% in the Atala Marginal Field and Halkin Exploration and Production Company Limited claim to have acquired 41% of the 51% share thereby making it the largest partner owner of the field is false”.
When he was called to react to the allegations made against him and his company, the MD of Halkin Exploration and Production Company Limited, Mr. Charles Dorgu, who could not put up a defence, claimed to be sick and urged the Committee to give him two weeks extension to come up with his defence to the weighty allegations.
The visibly infuriated Senate Committee, on its part, called on the Nigeria Upstream Petroleum Regulatory Commission (NUPRC) to interface with the groups involved and look into the matter critically and report back to them in two weeks.
The lawmakers also frowned at the refusal of Mr. Dorgu to honour their invitations for two consecutive times previously and how he made some fruitless efforts to stop the Committee from hearing the petition by resorting to litigation against the National Assembly.
The Chairman of the Committee, Senator Ayo Akinyelure, thereafter directed the MD of Halkin to provide documented evidences of how the shares were acquired and evidence of the $60million investment, if actually such were made in its submissions to NUPRC.
After staying away for 75days out of 90 days suspension slammed on him by the Senate on March 12, 2024, Senator Abdul Ningi ( PDP Bauchi Central), formally resumed legislative activities at the Senate on Tuesday in plenary.
On the strength of motion sponsored by the minority leader Senator Abba Moro on behalf of minority caucus, the Senate recalled Senator Ningi from the three months suspension
Recall that Senator Ningi was suspended by the Senate at the committee of the whole on 2024 budget padding allegation leveled against the Senate during interview he had with the BBC Hausa service.
The Senate had recalled the Lawmaker representing Bauchi Central, Abdul Ningi after 2 Months and two weeks of the 3months suspension slammed on him over his interview in which he alleged padding of the 2024 N28. 7tn budget.
The lawmaker was suspended on the 12th of March, 2023 for three months, but the Senate on Tuesday unanimously resolved to recall their colleague from suspension.
Recall that, Senator Olamilekan Adeola had come under Orders 9, 10, 41, and 51 to move a motion of privilege and issue of national importance against Ningi over his interview with the British Broadcasting Corporation (Hausa Service).
Ningi had, in the interview alleged that the budget passed by the National Assembly for the 2024 fiscal year is N25tn while the one being implemented by the Presidency is N28.7tn.
The motion, for the unconditional recall of Senator Abdul Ningi was sponsored by the minority leader Senator Abba Moro, Senator Olalere Oyewumi and Senator Osita Ngwu.
Apparently elated to be back in the Senate, Senator Ningi was among the first set of Senators and House of Representatives members to arrive the National Assembly for plenary on Tuesday
Senator Ningi who along with some few other Senators like Suleiman Kawu ( NNPP Kano South), Aminu Waziri Tambuwal (PDP Sokoto South) etc , came into the National Assembly through the Villa Gate, arrived exactly at 10: 40am, 20minutes to 11:00am fixed for commencement of plenary which even started at about 12:10 pm .
Following his suspension , Senator Ningi lost his Chairmanship position of the Senate Committee on National Identity and Population, which was allocated to Senator Mustapha Musa (APC Yobe East), two days after the now lifted suspension
Legislature
Minimum Wage: Senate tackles Labour over National Grid Shutdown, disruption of Hajj flight
**Resolves to use legislation to prevent reoccurrence
The Senate on Tuesday expressed displeasure at some of the excesses by some members of Nigeria Labour Congress ( NLC) and Trade Union Congress ( TUC) during the nationwide strike for new minimum wage on Monday.
The upper legislative chamber declared that the shut down of the National Grid and the disruption of Hajj flight by some labour unionists were more of economic sabotage than agitation for new minimum wage.
It consequently declared that such situation would not be allowed to re – occur as laws against it would be reflected in the new national minimum wage Act that would be enacted soon after submission of bill to that effect by the executive.
Senate’s grouse against the alleged excesses of labour unionists during the now suspended nationwide strike, came through a motion on the strike action and new minimum wage by the Chairman, Senate Committee on Labour, Senator Diket Plang (APC Plateau Central).
Senator Plang had in the motion, requested the Senate to call on the federal government to expedite action on new minimum wage as a way of stopping the industrial unrest which was however overtaken by sudden suspension of the strike by labour.
But in his remarks, the President of the Senate, Senator Godswill Akpabio said though it was heartwarming that the strike has been suspended but the excesses by some labour unionists need to be condemned
“One of such excesses, was the shut down of the National Grid which is more of an economic sabotage than agitation for new minimum wage.
“Disruption of Hajj flight by some other labour unionists as said by the Deputy President of the Senate, is also not palatable being a religious exercise.
“Also, disruption or prevention of students from writing their West African School Certificate Examination by some labour unionists during the strike was bad because the examination is not organized by Nigeria but West African Countries “, he said.
He added that such actions would not be allowed to be repeated as required laws against them, would be reflected in the new National Minimum Wage Bill expected from the executive very soon.
He,however commended the labour unions for calling off the strike
“I want to thank the Nigerian Labour Congress and the Trade Union Congress for listening to the voice of Nigerians and the international community by calling off the strike to enable negotiations to continue and we wish them well in the negotiations.
“On our part, we will continue to do our best by making contributions and at the same time awaiting the incoming Bill on Minimum Wage for us to enact for the benefit of all Nigerians”, he said .
**Counters AGF, insists Bill does not need wider consultation
The Senate on Tuesday approved a Bill to change the current National anthem titled “Arise O Compatriots ” to the old national anthem “Nigeria, we Hail thee”.
Following the consideration of the report of its Committees on Judiciary, Human Rights and Legal Matters, and Federal Character, and Inter governmen Affairs on Tuesday, the Senate passed the bill entitled, “National Anthem Bill, 2024” for third reading.
The Senate passed the bill amidst stakeholders misgivings, including Lateef Fagbemi, the Auditor-General of the Federation and Minister of Justice against hasty passage and the need for a wider consultation.
The bill was read for the first and second time last week Thursday at the Senate. It also received an accelerated hearing at the lower house as it was read for the first, second and third time.
The Bill will be transmitted to President Bola Tinubu for assent. If signed into law, it will be the first time Nigeria’s national anthem will be given legal backing.
Mongu nu Tahir, the Senator representing Borno North, while presenting the report of the Committee during plenary informed that the Bill seeks to give a legal framework to the national anthem “so that it can bite and bite with all the legal powers embedded in it.”
He clarified that the Bill, despite the concerns raised by the AGF does not need to be subjected to a wider process of citizen participation through zonal public hearings, resolutions of the Federal Executive Council, Council of State, National and State Assemblies, etc.
He insisted that the Bill is an ordinary Bill, not a constitutional amendment and only requires it to be read first, second and third time after a public hearing.
Presenting the committees report, Monguno however said that the new national anthem is apt as it represents the country’s people, culture, values and aspirations.
“The bill is in tandem with the spirit of unity. It will undoubtedly inspire a zeal for patriotism and cooperation. It will promote cultural heritage. Changing the national anthem will chart a path to greater unity”, Tahir said.
He then recommended that the bill be passed. The Senate then resolved to the committee of the whole to consider the report. After which, Godswill Akpabio, the Senate President put the bill to a voice vote and lawmakers supported it.
The Senate president also noted that the AFG is not a lawmaker and does not have a full understanding of how Bill’s are passed.
The bill was consequently read for the third time and passed.
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